California's Flavor List Survives Another Industry Challenge

The U.S. Court of Appeals for the Ninth Circuit has upheld California's Unflavored Tobacco List, rejecting an appeal from Arturo Fuente, Ashton, La Flor Dominicana, My Father, Oliva, Padron, Rocky Patel, the Cigar Rights of America, and the Premium Cigar Association. The court sided with the lower court, leaving the state-mandated certification process in place for now. Plaintiffs had argued that the UTL requirements, which force companies to submit paperwork, pay a fee, and provide samples for each product, impose an unfair burden on premium cigars. This is a different fight from the federal FDA battle the industry won in April, and it is not over; the ruling is a setback, but the state-court case and possible further appeals remain. For retailers and consumers in California, the practical effect is unchanged: stay on the list or stay off the shelf.